Legal Definitions - act of God

Act of God

An act of God refers to an extreme and unforeseen natural event that occurs without any human involvement or responsibility. Despite its religious-sounding name, this term is widely used in secular legal contexts, including statutes, court cases, and contracts.

The primary significance of an act of God is its potential to serve as a defense against legal liability. If an event is determined to be an act of God, it means no person or entity could have reasonably predicted or prevented it, thus potentially excusing them from responsibility for any resulting harm or failure to perform.

This concept is particularly relevant in two areas:

• Contract Law: Many contracts include "act of God" or "force majeure" clauses. These clauses allow parties to be excused from fulfilling their contractual obligations if an unforeseeable natural event makes performance impossible or impractical.
• Insurance Law: Historically, and sometimes still today, insurance policies may contain exclusions for damages caused by acts of God, meaning the insurer is not obligated to provide coverage for losses stemming from such events.

It's important to note that what qualifies as an "act of God" can be narrowly defined by law or contract, especially as scientific advancements improve our ability to predict natural phenomena. This means the defense is typically reserved for truly extraordinary and unpredictable circumstances.

• Scenario 1: Contractual Obligation

  A company contracted to deliver a specialized piece of machinery to a remote mining site by a specific date. However, an unprecedented and severe avalanche, far exceeding typical winter conditions for the region, completely blocked the only access road for several weeks, making timely delivery impossible.

  How it illustrates the term: The avalanche is a severe, unanticipated natural event for which the company is not responsible. If their contract includes an "act of God" or "force majeure" clause, they could argue that this event excuses them from the delay in delivery without incurring penalties, as the circumstances were beyond their control and reasonable foresight.

• Scenario 2: Defense Against Liability

  A homeowner maintained their property diligently, including regular inspections of a large, healthy oak tree in their front yard. During an extremely rare and violent derecho (a widespread, long-lived wind storm associated with a band of rapidly moving thunderstorms), the tree was uprooted and fell onto a neighbor's fence, causing significant damage. There were no prior indications of disease or structural weakness in the tree that would have suggested a risk under normal storm conditions.

  How it illustrates the term: The derecho, with its unusual intensity and destructive power, constitutes an act of God. The homeowner, having taken reasonable precautions, could argue this defense to avoid liability for the damage to the neighbor's fence, as the event was an unforeseeable natural disaster beyond their control or ability to prevent.

• Scenario 3: Insurance Policy Exclusion

  A small coastal hotel had a standard property insurance policy that explicitly excluded damages caused by "acts of God." A sudden and massive underwater volcanic eruption, occurring hundreds of miles away, generated an unexpected and devastating tsunami that completely destroyed the hotel. While the hotel had flood insurance for typical storm surges, the tsunami was an event of such extraordinary magnitude and origin that it fell outside the scope of standard coverage.

  How it illustrates the term: The tsunami, triggered by an unpredictable and distant geological event, qualifies as an act of God. The insurance company could invoke this exclusion in the policy to deny coverage for the hotel's destruction, arguing that the damage resulted from an event specifically not covered by the terms of their agreement.